Albanian Constitution was adopted by popular referendum on 28 November 1998.Albania has its own legal system.Albania has accepted jurisdiction of the International Criminal Court for its citizens.

The Council of Ministers, every deputy, and 20,000 electors each have the right to propose laws.The law is divided into civil law and criminal law.The legal profession is made up of lawyers and advocates. Advocates (and some solicitors) are responsible for representing individuals in the civil and criminal courts.

Albanian High Court

The High Court is the highest court of appeal and is composed of 17 judges appointed for a nine-year term by the President with the consent of Parliament.

In a democratic republic, the executive power and the legislative one work closely together, in order to implement the legal acts necessary for the development of society.

The Constitutional Court is composed of nine members, appointed by the President of the Republic with the consent of Parliament. They are appointed for nine-year terms and do not have the right to be re-appointed.

The structure of the HCJ guarantees an independent supervision of the judiciary system, despite the fact that this independent supervision should be guaranteed even in the everyday activities of the High Council of Justice by staying aloof from the influences and dualities of laws or by-laws with institutions that represent the executive power.

Constitutional Provisions

The Constitution provides that HCJ consists of fifteen members: the President of the Republic, the Chairperson of the High Court, the Justice Minister, three members elected by Parliament and nine judges of all levels elected by the National Judicial Conference. The term of office is five years and the chosen members have no right of request for an immediate re-election.

The President of the Republic is the Chairperson of the HCJ and the members of the HCJ elect, after the President’s proposal, a deputy chairperson from among their members who organizes the activities and presides in the absence of the President.

Article 147 describes some further duties of the HCJ, especially the transfer and disciplining of the judges and also their dismissal in case of certain offenses. Article 147 provides the grounds on which the High Council of Justice may dismiss the judges: commission of an offence; mental or physical incapacitation; acts or conduct that seriously discredits the position and figure of a judge or professional insufficiency. A dismissal may be appealed in the High Court.

Article 137 gives the HCJ further powers in judicial disciplining, as the criminal procedures for the Judges of the Courts of the Judicial Districts and those of the Courts of Appeal seek the approval of the High Council of Justice and if this Council does not give approval for criminal procedure within 24 hours after the announcement made by the prosecution body, the latter should let the judge go free.

According to Article 136, the High Council of Justice plays a key role in the nomination of the Judges. The HCJ proposes the President candidates for nomination of judge position in the Courts of the Judiciary Districts and those of Appeal, in accordance with the conditions and procedure for such a selection, as determined by the law.

Under the supervision of the Ministry of Justice, the Official Publication Centre publishes laws, decrees issued by the President of the Republic, normative acts of the Council of Ministers, ministries, other central institutions, decisions of the Constitutional Court along with dissents, unifying or altering decisions of judicial practice of the Supreme Court, and any other act issued by other state institutions, publication of which is required by law. All publications are only in Albanian

The Institution of the People’s Advocate was anticipated for the first time

in the Albanian’s Constitution approved in November 1998. The Parliament passed the Law on the People’s Advocate in February 1999.

This Law was drafted considering the Legislation of other European Countries that have established such an institution previously. The People’s Advocate is a monocratic Institution. People’s Advocate is elected by three fifths of all members of the Assembly for a five year period, with the right of re-election.

On February, 16, 2000 the Albanian Parliament elected with a two –third (104 out of 115) votes of all members of the Assembly, the People’s Advocate, the Doctor of Juridical Sciences Mr. Ermir Dobjani.

On February, 17, 2005 the Albanian Parliament reelected with more than 70% of votes of all members of the Assembly (99 in favour, 14 against and 8 abstentions out of 140), the People’s Advocate, Asc. Prof. Dr. Ermir Dobjani.

On the Proposal of the People’s Advocate, on 30 March 2000, the Parliament elected the Commissioners respectively Mr. Jorgo Dhrami, Mr. Agron Çaushi, Mrs. Florina Nuni. Their 3 years mandate expired on 29.03.2003.

On the proposal of the latter, on 22.01.2004 the Parliament elected the Commissioners of the People’s Advocate Mr. Jorgo Dhrami, Mr. Gëzim Lleshi and Mr. Riza Poda. Their 3 years mandate expired on 21.01.2007.

On the proposal of the latter, on 05.11.2007 the Parliament elected the Commissioners of the People’s Advocate Mrs. Florina Nuni, Mr. Riza Poda and Mr. Skender Haluci.

According to the structure approved by the People’s Advocate, the Office is composed by three Sections headed by the Commissioners.

First Section: Deals with complaints and requests towards the central administration bodies, local government and third parties working on their behalf.

Second Section: Deals with complaints or requests against police, secrete services, armed forces and the judicial power.

Third Section: Deals with complaints, which are not included in the first two sections, likewise collaborating with NGO-s, and carrying out researches relevant to the activity of human rights and freedoms.

The People’s Advocate Institution safeguards the rights freedoms and lawful interests of individuals from unlawful or improper actions or failures to act of public administration bodies and the third parties acting on their behalf. His duty is to prevent conflicts between the public administration and the individual.

The People’s Advocate, upon finding or suspecting that a right has been violated, initiates an investigation of the case, upon the complaint or request of the interested or injured person, or on his own motion if the particular case in the public domain, but always after providing the interested or injured party consents.

If an investigation starts with the initiative of the People’s Advocate, the injured party consent is not needed/ or of protection of the rights of a large group of individuals.

To protect the interests of a broad community, who can be affected by an administrative process, the People’s Advocate is entitled to initiate administrative proceedings and be part of the process in accordance with the requirements of the Code of Administrative Procedures.

The People’s Advocate does not give any right to the parties, but he makes recommendations to restore the violated right by the public administration. In cases the relevant authority does not respond to the recommendations of the People’s Advocate, he shall have the right to refer the case to the higher organ in hierarchy. The People’s Advocate may present to the Assembly a report, which shall include proposals for specific measures to remedy the violations.

Persons and acts outside the jurisdiction of the People’s Advocate

The following are outside the Jurisdiction of the People’s Advocate

· The President of the Republic

· The Prime Minister

· Military orders to the Armed Forces

· Civil conflicts wherein the public administration does not take part· The People’s Advocate may refuse to initiate or may terminate the investigation of a case, if the same case has been decided or is being scrutinized by public prosecutor or a court. In such a case, he shall be entitled to request information by those authorities even when the information is classified as a state secret.

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